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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 27 January 2020 at 01:48)
Chapter 7 Part 7.1 Division 2
Division 2 Obligations relating to safety data sheets and other matters
Subdivision 1 Obligations of manufacturers and importers
Notes.
 
1   
A manufacturer or importer of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
2   
A manufacturer or importer is defined in section 23 or 24 of the Act as a person conducting a business or undertaking of manufacturing or importing.
329   Classification of hazardous chemicals
The manufacturer or importer of a substance, mixture or article must, before first supplying it to a workplace—
(a)  determine whether the substance, mixture or article is a hazardous chemical, and
(b)  if the substance, mixture or article is a hazardous chemical—ensure that the hazardous chemical is correctly classified in accordance with Part 1 of Schedule 9.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
330   Manufacturer or importer to prepare and provide safety data sheets
(1)  A manufacturer or importer of a hazardous chemical must prepare a safety data sheet for the hazardous chemical—
(a)  before first manufacturing or importing the hazardous chemical, or
(b)  if that is not practicable—as soon as practicable after first manufacturing or importing the hazardous chemical and before first supplying it to a workplace.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The safety data sheet must comply with clause 1 of Schedule 7 unless clause 331 applies.
(3)  The manufacturer or importer of the hazardous chemical must—
(a)  review the safety data sheet at least once every 5 years, and
(b)  amend the safety data sheet whenever necessary to ensure that it contains correct, current information.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  The manufacturer or importer of the hazardous chemical must provide the current safety data sheet for the hazardous chemical to any person, if the person—
(a)  is likely to be affected by the hazardous chemical, and
(b)  asks for the safety data sheet.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(5)  Subclauses (3) and (4) do not apply to a manufacturer or importer of a hazardous chemical who has not manufactured or imported the hazardous chemical in the past 5 years.
331   Safety data sheets—research chemical, waste product or sample for analysis
(1)  This clause applies if—
(a)  a hazardous chemical is a research chemical, waste product or sample for analysis, and
(b)  it is not reasonably practicable for a manufacturer or importer of the hazardous chemical to comply with clause 1 of Schedule 7.
(2)  The manufacturer or importer must prepare a safety data sheet for the hazardous chemical that complies with clause 2 of Schedule 7.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
332   Emergency disclosure of chemical identities to registered medical practitioner
(1)  This clause applies if a registered medical practitioner—
(a)  reasonably believes that knowing the chemical identity of an ingredient of a hazardous chemical may help to treat a patient, and
(b)  requests the manufacturer or importer of the hazardous chemical to give the registered medical practitioner the chemical identity of the ingredient, and
(c)  gives an undertaking to the manufacturer or importer that the chemical identity of the ingredient will be used only to help treat the patient, and
(d)  gives an undertaking to the manufacturer or importer to give the manufacturer or importer as soon as practicable a written statement about the need to obtain the chemical identity of the ingredient.
(2)  The manufacturer or importer of a hazardous chemical must give the registered medical practitioner the chemical identity of an ingredient of the hazardous chemical as soon as practicable.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
333   Emergency disclosure of chemical identities to emergency service worker
The manufacturer or importer of a hazardous chemical must give an emergency service worker the chemical identity of an ingredient of the hazardous chemical as soon as practicable after the worker requests it.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
334   Packing hazardous chemicals
The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly packed, in accordance with Part 2 of Schedule 9, as soon as practicable after manufacturing or importing the hazardous chemical.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
335   Labelling hazardous chemicals
(1)  The manufacturer or importer of a hazardous chemical must ensure that the hazardous chemical is correctly labelled as soon as practicable after manufacturing or importing the hazardous chemical.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A hazardous chemical is correctly labelled if—
(a)  the selection and use of label elements is in accordance with the GHS and it complies with Part 3 of Schedule 9, or
(b)  the label includes content that complies with another labelling requirement imposed by this Regulation or by another law of New South Wales or of the Commonwealth and the content is the same, or substantially the same, as the content that is required by Part 3 of Schedule 9.
(3)  This clause does not apply to a hazardous chemical if—
(a)  the hazardous chemical is a consumer product that is labelled in accordance with the Poisons Standard, and
(b)  the container for the hazardous chemical has its original label, and
(c)  it is reasonably foreseeable that the hazardous chemical will be used in a workplace only in—
(i)  a quantity that is consistent with household use, and
(ii)  a way that is consistent with household use, and
(iii)  a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.
(4)  This clause does not apply to hazardous chemicals in transit.
(5)  This clause does not apply to a hazardous chemical that—
(a)  is therapeutic goods within the meaning of the Therapeutic Goods Act 1989 of the Commonwealth, and
(b)  is in a form intended for human consumption, for administration to or by a person or use by a person for therapeutic purposes, and
(c)  is labelled in accordance with that Act or an order made under that Act.
(6)  This clause does not apply to cosmetics and toiletries.
(7)  This clause does not apply to a hazardous chemical that is—
(a)  a veterinary chemical product within the meaning of the Agvet Code, and
(b)  listed in—
(i)  the Poisons Standard, Part 4, Schedule 4—if the chemical product is packaged and supplied in a form intended for direct administration to an animal for therapeutic purposes, or
(ii)  the Poisons Standard, Part 4, Schedule 8.
(8)  In this clause—
Poisons Standard means the Poisons Standard February 2019 published by the Commonwealth, as in force or remade from time to time.
Subdivision 2 Obligations of suppliers
Notes.
 
1   
A supplier of hazardous chemicals may also be a person conducting a business or undertaking at a workplace.
2   
A supplier is defined in section 25 of the Act as a person who conducts a business or undertaking of supplying.
3   
An operator of a major hazard facility is required to notify certain quantities of hazardous chemicals under Part 9.2.
336   Restriction on age of person who can supply hazardous chemicals
A person conducting a business or undertaking must not direct or allow a worker to supply a hazardous chemical that is a flammable gas or flammable liquid to another person into any container or vehicle provided by that other person unless the worker is at least 16 years of age.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
Examples.
 
1   
Decanting fuel into a fuel container.
2   
Refuelling a car.
337   Retailer or supplier packing hazardous chemicals
(1)  The supplier of a hazardous chemical must not supply the hazardous chemical for use at another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly packed.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(2)  A retailer who supplies a hazardous chemical in a container provided by the person supplied with the chemical must ensure that the hazardous chemical is correctly packed.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
338   Supplier labelling hazardous chemicals
The supplier of a hazardous chemical must not supply the hazardous chemical to another workplace if the supplier knows or ought reasonably to know that the hazardous chemical is not correctly labelled in accordance with clause 335.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
339   Supplier to provide safety data sheets
(1)  The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided with the hazardous chemical—
(a)  when the hazardous chemical is first supplied to the workplace, and
(b)  if the safety data sheet for the hazardous chemical is amended—when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  A hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years.
(3)  The supplier of a hazardous chemical to a workplace must ensure that the current safety data sheet for the hazardous chemical is provided to a person at the workplace if the person asks for the safety data sheet.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  This clause does not apply to a supplier of a hazardous chemical if—
(a)  the hazardous chemical is a consumer product, or
(b)  the supplier is a retailer.
Note.
 A manufacturer or importer is required to prepare a safety data sheet under clause 330.
340   Supply of prohibited and restricted carcinogens
(1)  The supplier of a prohibited carcinogen referred to in an item in Schedule 10, Table 10.1 must not supply the substance unless the person to be supplied with the substance gives the supplier evidence that—
(a)  the substance is to be used, handled or stored for genuine research or analysis, and
(b)  either—
(i)  the regulator has authorised the person to use, handle or store the substance under clause 384, or
(ii)  the regulator has granted an exemption under Part 11.2 to the person to use, handle or store the substance.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The supplier of a restricted carcinogen referred to in an item in Schedule 10, Table 10.2, Column 2 must not supply the substance for a use referred to in Column 3 for the item unless the person to be supplied with the substance gives the supplier evidence that—
(a)  the regulator has authorised the person to use, handle or store the substance under clause 384, or
(b)  the regulator has granted an exemption to the person under Part 11.2 to use, handle or store the substance.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(3)  A supplier under subclause (1) or (2) must keep a record of—
(a)  the name of the person supplied, and
(b)  the name and quantity of the substance supplied.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(4)  The supplier must keep the record for 5 years after the substance was last supplied to the person.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
Subdivision 3 Obligations of persons conducting businesses or undertakings
341   Labelling hazardous chemicals—general requirement
(1)  A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical used, handled or stored at the workplace is correctly labelled in accordance with clause 335.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  Subclause (1) does not apply to a hazardous chemical if the chemical—
(a)  was supplied before 1 January 2017, and
(b)  was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note.
 Clause 338 applies if the chemical is being supplied to another workplace.
342   Labelling hazardous chemicals—containers
(1)  A person conducting a business or undertaking at a workplace must ensure that a hazardous chemical is correctly labelled in accordance with clause 335 if the hazardous chemical is—
(a)  manufactured at the workplace, or
(b)  transferred or decanted from its original container at the workplace.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(1A)  Subclause (1) does not apply to a hazardous chemical if the chemical—
(a)  was manufactured, or transferred or decanted from its original container at the workplace, before 1 January 2017, and
(b)  was, at the time it was manufactured, or transferred or decanted from its original container at the workplace, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note.
 Clause 338 applies if the chemical is being supplied to another workplace.
(2)  A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a container that stores a hazardous chemical is correctly labelled in accordance with clause 335 while the container contains the hazardous chemical.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2A)  Subclause (2) does not apply to a container if the container—
(a)  was supplied before 1 January 2017, and
(b)  was, at the time it was supplied, labelled in accordance with the National Code of Practice for the Labelling of Workplace Substances [NOHSC: 2012 (1994)] as in force at that time.
Note.
 Clause 338 applies if the chemical in the container is being supplied to another workplace.
(3)  A person conducting a business or undertaking at a workplace must ensure that a container labelled for a hazardous chemical is used only for the use, handling or storage of the hazardous chemical.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(4)  This clause does not apply to a container if—
(a)  the hazardous chemical in the container is used immediately after it is put in the container, and
(b)  the container is thoroughly cleaned immediately after the hazardous chemical is used, handled or stored so that the container is in the condition it would be in if it had never contained the hazardous chemical.
343   Labelling hazardous chemicals—pipe work
A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that a hazardous chemical in pipe work is identified by a label, sign or another way on or near the pipe work.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
344   Person conducting business or undertaking to obtain and give access to safety data sheets
(1)  A person conducting a business or undertaking at a workplace must obtain the current safety data sheet for a hazardous chemical prepared in accordance with this Regulation from the manufacturer, importer or supplier of the hazardous chemical in the following circumstances—
(a)  either—
(i)  not later than when the hazardous chemical is first supplied for use at the workplace, or
(ii)  if the person is not able to obtain the safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace but before the hazardous chemical is used at the workplace,
(b)  if the safety data sheet for the hazardous chemical is amended either—
(i)  not later than when the hazardous chemical is first supplied to the workplace after the safety data sheet is amended, or
(ii)  if the person is not able to obtain the amended safety data sheet under subparagraph (i)—as soon as practicable after the hazardous chemical is first supplied to the workplace after the safety data sheet is amended and before the hazardous chemical supplied is used at the workplace.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  The hazardous chemical is taken to be first supplied to a workplace if the supply is the first supply of the hazardous chemical to the workplace for 5 years.
(3)  The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to—
(a)  a worker who is involved in using, handling or storing the hazardous chemical at the workplace, and
(b)  an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(4)  Subclauses (1) and (3) do not apply to a hazardous chemical that—
(a)  is in transit, or
(b)  if the person conducting the business or undertaking at the workplace is a retailer—is—
(i)  a consumer product, and
(ii)  intended for supply to other premises, or
(c)  is a consumer product and it is reasonably foreseeable that the hazardous chemical will be used at the workplace only in—
(i)  quantities that are consistent with household use, and
(ii)  a way that is consistent with household use, and
(iii)  a way that is incidental to the nature of the work carried out by a worker using the hazardous chemical.
(5)  In the circumstances referred to in subclause (4), the person must ensure that sufficient information about the safe use, handling and storage of the hazardous chemical is readily accessible to—
(a)  a worker at the workplace, and
(b)  an emergency service worker, or anyone else, who is likely to be exposed to the hazardous chemical at the workplace.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
(6)  The person must ensure that the current safety data sheet for the hazardous chemical is readily accessible to a person at the workplace if the person—
(a)  is likely to be affected by the hazardous chemical, and
(b)  asks for the safety data sheet.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
345   Changes to safety data sheets
A person conducting a business or undertaking at a workplace may change a safety data sheet for a hazardous chemical only if—
(a)  the person—
(i)  is an importer or manufacturer of the hazardous chemical, and
(ii)  changes the safety data sheet in a way that is consistent with the duties of the importer or manufacturer under clause 330, or
(b)  the change is only the attachment of a translation of the safety data sheet, and clearly states that the translation is not part of the original safety data sheet.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Note.
 The manufacturer or importer of a hazardous chemical must amend a safety data sheet as necessary to ensure the information is correct and current (see clause 330(3)(b)).